1. These Conditions apply to all contracts for the sales or for the doing of work by V12 AUTOMOBIL LIMITED (hereinafter called ""the Company"") and prevail over any conditions which the Customer's order may purport to impose and which are at variance with the same. No modification of these Conditions shall be binding upon the Company unless such modifications shall first have been specifically authorised in writing by an authorised employee of the Company.
2. The only conditions and warranties acknowledged by the Company are those made expressly in writing by an authorised employee of the Company and where applicable contained in Sales literature specifically referred to in writing by the Company and prepared by the manufacturer or producers of the product the subject of this contract save as aforesaid any other express completed or statutory condition or warranty either oral or in writing is expressly excluded from this contract and forms no part of the terms upon which this contract is entered into.
1. A quotation is not an offer and may be withdrawn without notice. Any order given in respect of a quotation is not binding on the Company until accepted by it in writing. All offers of goods from stock are subject to the goods remaining unsold at the time of the receipt of an order.
2. Quotations, acceptances of orders and contracts are subject to cancellation or modification by the Company (without any liability on the Company for any direct or consequential loss or damage arising therefrom) if the Company is unable to comply with or fulfil the same by reason of strike, lockouts, shortage of labour or materials, default of subcontractors, war, fire, flood, Act of God, restrictions imposed or non-issue of licenses by any Government, or any cause beyond its reasonable control.
3. The Company reserves the right to increase contract prices in the event of increases occurring after the date of quotation in the cost of vehicles, labour, materials or transport and all goods, whether the subject of a specific quotation or not, will be charged for at the Company's prices in force at the date of delivery.
4. Drawings, weights, dimensions and descriptive matter published or referred to by the Company are intended to present only a general description. Their subject matter may be altered, corrected or cancelled at any time without notice to the Customer, and they shall in no circumstances be deemed to be incorporated in or form part of the contract.
1. No accepted orders or other contracts can be cancelled by the Customer without the prior written consent of the Company, provided always that the Company's consent to such cancellation shall be without prejudice to any rights which the Company may have at law.
2.If any delay or expense is caused to the Company through the lack of, changes in or faults to instructions or otherwise the Company reserves the right to increase prices to cover the cost or loss occasioned to the Company thereby. All delivery dates specified in the contract or in any letter or other document or verbally are approximate only and no responsibility is accepted for any delay howsoever incurred or arising or for any direct or consequential loss or damage arising therefrom.
1. Delivery dates specified in the contract or in any letter or other document or verbally are approximate only and no responsibility is accepted for any delay howsoever incurred or arising or for any direct or consequential loss or damage arising therefrom.
1. The Company shall be entitled to ask the Customer for a deposit on account of the sale of vehicles, the price of parts and/or the price of Repair and Servicing work, and the Company shall be entitled to set off such deposit against the price due from the Customer.
2. Where the Company requires a deposit to be paid by the Customer and in the event of cancellation of the Order or failure to complete the order by the Customer, then this deposit will be retained by the Company and is non-returnable.
3. Payments relating to new and used vehicle sales must be made by way of cleared funds prior to collection/delivery. Payment of all invoices shall, unless otherwise agreed in writing, be made in full and in line with the payment terms stated on the invoice rendered to the Customer.
1. The Company shall have a general lien on any vehicle on which it has done repair and servicing work and on any other property in its possession belonging to the Customer for all monies due and owing to the Company by the Customer on any invoice or account whatsoever. The Company shall be entitled to charge for storage of the vehicle at its usual rates during any period in which the vehicle is retained by the Company in exercise of any lien.
2. The good title to or property in any vehicles, ancillaries, spare parts or other goods will remain with the Company until payment in cleared funds has been made in full to the Company
1. If the Customer's indebtedness to the Company Is not satisfied within the terms stated on the invoice rendered to the Customer in respect of all or part of that indebtedness, the Company shall, without notice be entitled to sell any property of the Customer upon which the Company has exercised its lien by public auction or private treaty (at the Company's unfettered option). The net proceeds of sale shall first be applied to satisfying the indebtedness of the Customer to the Company and any balance shall be paid by the Company to the Customer on demand.
1. If a vehicle is not collected within 24 hours after the time indicated or agreed for delivery of the vehicle (or if no such time has been indicated or agreed the time the Company notifies the Customer that the vehicle is ready for collection), the company shall be entitled to charge for storage of the vehicle at its usual rates until collection.
1. Any work done or goods supplied in relation to a vehicle, by the order of any driver in the Customer's employ, or by any person who is reasonably believed to be acting as the Customer's agent, or by the order of any person to whom the company is entitled to make delivery of the vehicle, shall be paid for by the customer.
1. Where in any case a driver who, so far as the Company is aware, has authority to collect the vehicle, collects the same, the Company shall not be responsible to the Customer for any loss or damage resulting, on the grounds that such driver had in fact no such authority, and this notwithstanding that delivery may have been made without payment of the Company's account. It shall not be obligatory upon the Company to seek confirmation of the authority of any person reasonably believed to be then, or to have been at some time connected with the customer.
1. Unless specifically advised to the contrary the company will be entitled to presume that the Customer intends to use the vehicle for the ordinary type of use of which the particular type of vehicle is normally applied. No liability will be accepted by the company for loss or damage suffered as a result of the vehicle being used for a purpose inconsistent with the above, nor for misuse in any other way.
1. In connection with any inspection, repair or contemplated repair, or other purposes for which a vehicle is accepted by the Company, testing, taking the vehicle to the storage facility or other garages/specialists, demonstrations or other purposes, the Customer is deemed, unless express notice in writing is given to the contrary, to have authorised the driving of the vehicle on the road or elsewhere.
1. The Customer shall be entitled to the benefit of any warranty to which the Company is entitled as against the manufacturer of parts and materials supplied or as against any subcontractor engaged by the Company.
2. All work carried out by the Company is warranted against failure due to defective workmanship for a period of one month/ 1000 miles, whichever occurs first. This warranty extends only to repairs actually undertaken and does not cover progressive fault diagnosis. It does not affect any statutory rights.
3. Second Hand Products: - Unless otherwise specified in writing, second hand products are sold in their existing condition without warranty. It is the customer's responsibility to satisfy themselves as to the condition of such products prior to entering into a contract; and hereby accepts that the company has provided reasonable facilities to enable examination of the product prior to contract
4. Except in the case of consumer transactions the Company is not responsible for loss or damage to vehicles or other property whatsoever, however occasioned, except when such loss or damage is caused by the negligence or deliberate act of the Company or its servants. Under no circumstances will the Company accept liability for loss or damage outside its control or for any indirect or consequential loss or damage.
5. The Company shall not be liable for direct or consequential loss or damage howsoever caused to the contents or customer's vehicles or any resultant damage that may be incurred. The Company its servants and agents shall not be liable for direct or consequential loss, damage or injury howsoever caused by work carried out or goods supplied
6. The Company shall not be liable for any failure or loss occasioned by the fitment of specialist bodywork or ancillary equipment where the Company is not responsible for such specification and supply.
7. The Customer shall indemnify the Company against all claims made against the Company as a result of work done in accordance with the Customer's specifications or design which involves the infringement of any patents, registered designs, trademark or copyright.
1. All parts removed by the Company in the course of repair and servicing work, parts replaced on an exchange basis or parts replaced as part of a warranty claim shall, unless prior written notice has been given to the contrary by the Customer, be deemed to have become the Company's absolute property with immediate effect.
1. Any complaints in respect of goods supplied or services performed by the Company must be made in writing to the Company no later than 14 days after date of invoice or receipt of goods.
1. The Company shall not be liable for any default due to any act of God, war, strike, lock out, industrial action, fire, flood, drought, tempest or any other event beyond its reasonable control. If we are unable to perform our obligations due to a cause beyond our reasonable control we shall give you notice of this fact as soon as reasonably practicable after discovering it. If our inability to perform our obligations continues for 6 months after you receive our notice then either you or we may give written notice, without liability to the other, to terminate the Contract.
1. Any notice or other communication given or made in connection with these conditions shall be in writing and shall be given to the customer at their last known address, every notice or communication, it so addressed, shall be deemed to have been duly given, if delivered by hand or sent by mail three business days after the date of posting.
1. The contract shall in all respects be governed by English Law and the customer hereby irrevocably submits to the jurisdiction of the English courts.